Burnham v. Burnham — 165 N.Y. 659

Majority

p. 659

Nettie P. Burnham, as Executrix of Beekman T. Burnham, Deceased, Appellant, v. Emily A. Burnham et al., Respondents.

Burnham, v. Burnham, 46 App. Div. 513 , affirmed.

(Argued January 18, 1901;

decided February 1, 1901.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 660

January 11, 1900, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.

William B. Ellison, Rufus L. Weaver and Arnold L. Davis for appellant.

William Forse Scott and Charles Strauss for respondents.

Judgment affirmed, with costs, on opinion below.

Concur: Parker, Ch. J., Bartlett, Haight, Martin, Vann, Landon and Cullen, JJ.